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Ordinance No. 10 -02 CITY OF ELK RIVER An Ordinance of the City of Elk Jiver amending Chapters 30 and 58 of the Ells Jiver, Minnesota, City Code to Reaffirm that Required Buffer Areas and Buffer Zones for Solid waste Facilities Must be Located within the Solid waste Facilities overlay Zoning District. FINDINGS of FACT The City Council of the City of Elk River makes the following Findings of Fact: 1. The City of Elk River Solid waste Facilities ordinance (SWF ordinance) was initially adopted in 1986. 2. Since adoption of the SwF ordinance in 1986, Solid waste Facilities, including sanitary landfills, have been required to be located within the City's Solid Waste Facilities overlay Zoning District, 3. The Elk River Landfill (Landfill) was rezoned to the Solid waste Facilities overlay zoning District in 1986, and a conditional use permit (CUP) for the Landfill was initially approved in 1988. 4. Since 1988, the CUP for the Landfill has been renewed and amended 10 times. 5. Paragraph 3 of the CUP requires that a Duffer zone be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet, except on the North side. within this Buffer Zone, no waste disposal may occur. 6. Minnesota Rules, Part 703 5.2 815, subp. 5(c), also provides that any new fill area at a land disposal facility must be located at least 200 feet from the nearest property line, unless otherwise approved by the MPCA. 7. Beginning with approval of the original CUP for the Landfill, through all of the renewals and amendments, it has been understood that the 200 -foot Buffer Zone provided for in the CUP has been required to be located on Landfill property, as required by Minnesota Rules, and within the Solid waste Facilities overlay zoning District. 8. The 200-foot Buffer zone on the east, west, and south sides of the Landfill has always been located on Landfill property within the Solid waste Facilities Overlay zoning District. This Buffer zone is used exclusively for Landfill purposes, such as screening, service roads and other infrastructure. It is not available for development for any other use.